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Employers/Client Terms and Conditions of Use [top]
Terms
1.1 The expressions that follow are given these meanings unless the context in which they are used requires a different meaning:
"Advertisement" means any job vacancy advertisement;
"Alerts" means a Service which automatically matches and sends Jobs to Candidates according to criteria specifically requested by the Candidate;
"Applicant" means a Candidate who applies for a vacancy advertised on the Site;
"Candidate" means a person who uses the Site for the purpose of finding employment;
"Candidate Search" means a Service which enables the Client to search for and view CVs and Candidate details using various search criteria;
"Conditions" means these Standard Terms and Conditions;
"CV (Resume)" means the curriculum vitae or brief outline details of a Candidate's education, training, skills and employment experience which is provided to RealEducatorsOnline by a Candidate for distribution to Clients with a view to securing employment;
"Employers Account Management" means the facility provided by RealEducatorsOnline to enable the Client to manage their vacancy advertisements by enabling them to view CVs, Video Profiles, Key Question answers and notes about the Applicants who have applied for and/or been matched to their vacancies, and to communicate with Applicants;
"Fees" means the fees and charges payable by the Employer;
"Month" means 31 calendar days.
"Services" means the Services, which RealEducatorsOnline has agreed to provide to the Client and includes Advertisements, Candidate Searches, E-mail CVs, Video Profiles, Candidate correspondence and any other Services which may be provided to the Client;
"Service Agreement" means the Service Agreement entered into between the Client and RealEducatorsOnline;
"Site" means the Site at www.RealEducatorsOnline.com or any other website operated and maintained by Real Educators Online from time to time;
"Start Date" means the start date for the provision of the Services as referred to in the Service Agreement;
"Term" means the term of the Contract as specified in the Service Agreement;
"Video Resume" means a Service that allows Candidates to upload a Video Profile for review by Clients.
"Year" means 12 months from the current month and day ending on the same month and day (ex. from December 31, 2008 ending December 31, 2009
Conditions of Use
1. Eligibility.
You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use RealEducatorsOnline.com in any manner. By visiting RealEducatorsOnline.com or accepting these Terms, You represent and warrant to Real Educators Online that You have reached the age of majority in your jurisdiction, and that You have the right, authority and capacity to agree to and abide by these Terms. You also represent and warrant to Real Educators Online that You will use RealEducatorsOnline.com in a manner consistent with any and all applicable laws and regulations.
2. Password and Identity Protection.3. Real Educators Online Site Restrictions.
Real Educators Online does not require you to share your Social Security Number with any Members or Employers on the site. Please protect your identity by not providing your Social Security Number. You are responsible for maintaining the confidentiality of your user account.
Users may not use any Real Educators Online Site in order to transmit, post, distribute, store or destroy material, including without limitation, Real Educators Online Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Users are also prohibited from violating or attempting to violate the security of any Real Educators Online Site, including without limitation, the following activities: (a) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Real Educators Online Site, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil and/or criminal liability. Real Educators Online will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
In order to ensure a safe and effective experience for all of our site members, Real Educators Online reserves the right to limit the amount of data (including resume views) that may be accessed by You in any given time period. These limits may be amended in Real Educators Online’s sole discretion from time to time.
Real Educators Online does not necessarily monitor any materials posted, transmitted, or communicated to or within the Site. If you believe that something on the Site violates these Terms please contact support@realeducatorsonline.com.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Real Educators Online may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Real Educators Online has no liability or responsibility to Users for performance or nonperformance of such activities.
4. Registration Information.
When You register with any Real Educators Online Site, You will be asked to create a user account and provide Real Educators Online with certain information including, without limitation, a valid email address (your "Information"). Information you submit will be used in accordance with Real Educators Online's Privacy Statement.
You understand and acknowledge that you have no ownership rights in your Real Educators Online user account, and that if you cancel your Real Educators Online Account, all your account information from Real Educators Online, including resumes, Profiles, network contacts, and saved jobs will be marked as deleted in Real Educators Online's databases and will be removed from any public area of the Real Educators Online website. Information may continue to be available for some period of time because of delays in propagating such deletion through Real Educators Online’s web servers.
5. References
The Employer or one acting on behalf of the employer is responsible for checking that a Candidate’s references relating to his/her qualifications, skills, character, experience are satisfactory and seeing that the legal and medical requirements relating to a candidate have been met, including obtaining a work permit when necessary. Real Educators Online provides an introductory service only, they do not make any checks on candidates and neither do they provide any assurances as to a Candidate's suitability both technically or otherwise.
6. User Content and Submissions.
You are solely responsible for your Real Educators Online user account information, employer account information or job postings, Profile, content (including, without limitation works in any form, media, or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information ("User Content") that You post on any Real Educators Online Site or transmit to other Users. You agree that in submitting User Content that you will not impersonate any person, or submit any materials to Real Educators Online that are false, inaccurate, misleading, unlawful, or are otherwise in violation of your obligations under these Terms.
Real Educators Online acts as a passive conduit for the online distribution and publication of User Content and has no obligation to screen User Content, communications or information in advance and is not responsible for screening or monitoring User Content posted by Users. However, Real Educators Online may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Real Educators Online Site. Real Educators Online reserves the right to expel Users and prevent their further access to the Real Educators Online Sites and/or use of Real Educators Online services for violating the Terms or applicable laws, rules or regulations. Real Educators Online may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Real Educators Online, damage Real Educators Online’s brand or public image, or cause Real Educators Online to lose (in whole or in part) the services of its ISPs or other suppliers.
Real Educators Online does not represent or guarantee the truthfulness, accuracy, or reliability of User Content or any other communications posted by Users or endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at your own risk.
The following is a partial list of User Content that is prohibited on the Real Educators Online website. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person's copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
- Direct solicitation.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You. You may not include in your Profile any telephone numbers, street addresses, email addresses or other means of contacting You, other than your last name and URLs.
If notified by a User of User Content or other materials which allegedly do not conform to these Terms, Real Educators Online may in its sole discretion investigate the allegation and determine whether to take any other actions whether to remove or request the removal of the User Content. Real Educators Online has no liability or responsibility to Users for performance or nonperformance of such activities.
7. Real Educators Online's Liability.
RealEducatorsOnline.com acts as a venue for employers to post job opportunities and candidates to post resumes and Profiles and does not screen or censor the listings, including Profiles offered. Real Educators Online is not involved in the actual transaction between employers and candidates. As a result, Real Educators Online has no control over User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Real Educators Online makes no representations about any jobs, resumes or User Content on RealEducatorsOnline.com. Real Educators Online may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Real Educators Online, damage Real Educators Online’s brand or public image, or cause Real Educators Online to lose (in whole or in part) the services of its ISPs or other suppliers. While Real Educators Online reserves the right in its sole discretion to remove User Content, job postings, resumes or other material from RealEducatorsOnline.com from time to time, Real Educators Online does not assume any obligation to do so and disclaims any liability for failing to take any such action.
In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other Users with whom You come in contact through RealEducatorsOnline.com and/or the other Real Educators Online Sites. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using RealEducatorsOnline.com and/or the other Real Educators Online Sites.
Because User authentication on the Internet is difficult, Real Educators Online cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Real Educators Online Site, in the event that You have a dispute with one or more Users, You release Real Educators Online (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
The Real Educators Online Sites and the Real Educators Online Content may contain inaccuracies or typographical errors. Real Educators Online makes no representations about the accuracy, reliability, completeness, or timeliness of any Real Educators Online Site or the Real Educators Online Content. The use of all Real Educators Online Sites and the Real Educators Online Content is at your own risk. Changes are periodically made to Real Educators Online Sites and may be made at any time. You acknowledge and agree that You are solely responsible for the form, content and accuracy of any resume or material contained therein placed by You on the Real Educators Online Sites. Employers are solely responsible for their postings on Real Educators Online Sites. Real Educators Online is not to be considered to be an employer with respect to your use of any Real Educators Online Site and Real Educators Online shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Real Educators Online Site.
Real Educators Online cannot guarantee and does not promise any specific results from use of RealEducatorsOnline.com or any Real Educators Online Site. No advice or information, whether oral or written, obtained by a User from Real Educators Online or through or from RealEducatorsOnline.com or any other Real Educators Online Site shall create any warranty not expressly stated herein.
8. Disclaimer of Warranty.
REAL EDUCATORS ONLINE DOES NOT WARRANT THAT ANY REAL EDUCATORS ONLINE SITE WILL OPERATE ERROR-FREE OR THAT ANY REAL EDUCATORS ONLINE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY REAL EDUCATORS ONLINE SITE OR THE REAL EDUCATORS ONLINE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, REAL EDUCATORS ONLINE IS NOT RESPONSIBLE FOR THOSE COSTS. THE REAL EDUCATORS ONLINE SITES AND REAL EDUCATORS ONLINE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. REAL EDUCATORS ONLINE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. REAL EDUCATORS ONLINE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE REAL EDUCATORS ONLINE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
9. Disclaimer of Consequential Damages. IN NO EVENT SHALL REAL EDUCATORS ONLINE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY REAL EDUCATORS ONLINE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY REAL EDUCATORS ONLINE SITE AND THE REAL EDUCATORS ONLINE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT REAL EDUCATORS ONLINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Limitation of Liability.
REAL EDUCATORS ONLINE'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY REAL EDUCATORS ONLINE SITE OR YOUR USE OF THE REAL EDUCATORS ONLINE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
11. Links to Other Sites.
RealEducatorsOnline.com and certain other Real Educators Online Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Real Educators Online of the contents on such third-party Web sites. Real Educators Online is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, You do so at your own risk.
12. No Resale or Unauthorized Commercial Use.
You agree not to resell or assign your rights or obligations under these Terms. You also agree not to make any unauthorized commercial use of any Real Educators Online Site.
13. Indemnity.
You agree to defend, indemnify, and hold harmless Real Educators Online, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Real Educators Online Site, (ii) your use of any Real Educators Online Content, or (iii) your breach of the terms of these Terms. Real Educators Online shall provide notice to You promptly of any such claim, suit, or proceeding.
14. General.
Real Educators Online makes no claims that the Real Educators Online Content may be lawfully viewed or accessed outside of the United States. Access to the Real Educators Online Content may not be legal by certain persons or in certain countries. If You access a RealEducatorsOnline.com or other U.S.-based Real Educators Online Sites from outside of the United States, You do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
15. Term and Termination
These Terms will remain in full force and effect while You are a User of RealEducatorsOnline.com at any level. Real Educators Online reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of your User Content from RealEducatorsOnline.com and immediate termination of your registration with or ability to access RealEducatorsOnline.com and the other Real Educators Online Sites and/or any other services provided to You by Real Educators Online, upon any breach by You of these Terms or if Real Educators Online is unable to verify or authenticate any information You submit to RealEducatorsOnline.com or pursuant to other Real Educators Online Site registration. Even after You are no longer a User of RealEducatorsOnline.com, certain provisions of these Terms will remain in effect.
16. Payment of Services upon Termination of Service Agreement. If at any time during the course of this Agreement you should terminate a Service Agreement in which these Terms and Conditions have been incorporated by reference, not to include your termination in the case of breach of this Agreement or the Service Agreement by Real Educators Online, Real Educators Online shall reserve the right to receive all payments from you for the Services used by you up to termination. Employers who wish to cancel their memberships may be eligible for a refund at the discretion of Real Educators Online. If a refund is granted, the employer will be responsible for payment of the month of cancellation.
These Terms constitute a binding agreement between You and Real Educators Online, and is accepted by You upon your use of the Real Educators Online Site.
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